CITY COUNCIL/ SUCCESSOR AGENCY TO THE WESTMINSTER, CALIFORNIA WESTMINSTER REDEVELOPMENT AGENCY MARCH 9, 2022
MINUTES OF REGULAR MEETING
Pursuant to the State of California Executive Order N- 29- 20 related to coronavirus COVID- 19), the City Council of the City of Westminster, California convened on March 9, 2022 at 6: 24 p. m. in a Closed Session via teleconference/ web conference, Westminster, California.
CLOSED SESSION
6: 00 P. M.
PUBLIC COMMENTS MAY BE RECEIVED BY THE CITY COUNCIL PRIOR TO ANY
ITEM TO BE CONSIDERED IN CLOSED SESSION
CALL TO ORDER
Mayor Tri Ta called the Closed Session Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 5: 04 p. m. via teleconference/ web conference, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California.
ROLL CALL MAYOR TRI TA
PRESENT VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
ABSENT NONE
Interim City Clerk Colombo announced a quorum of the City Council.
STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen
Interim Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
Teleconference/ Webinar ( Zoom)
1. Camilla Overbeek, Westminster, spoke regarding Closed Session Item No. 1 and requested that the City Council find a way to settle the lawsuit.
2. Terry Rains, Westminster, spoke regarding the case being discussed in closed session and noted that the City has to handle complaints better in the future.
MINUTES OF REGULAR MEETING MARCH 9, 2022
E- Comments
There were no E- Comments submitted for Closed Session Oral Communications.
CLOSED SESSION
The City Council will recess to Closed Session for the following purpose:
1. Conference with Legal Counsel pursuant to Government Code Section 54956. 9( d)( 1): Existing Litigation ( one case): Eliyahu Yishai Cortez Levy v. City of Westminster, et al ( Case No. 30- 2019- 01063410- CU- OE- CJC).
RECESS
Mayor Ta recessed the meeting at 6:33 p.m. to Closed Session at the City Council Chambers, Executive Conference Room.
RECONVENE
The City Council/Successor Agency to the Westminster Redevelopment Agency meeting reconvened from Closed Session at 6:43 p.m.
REGULAR MEETING
7: 00 PM
CALL TO ORDER
Mayor Tri Ta called the Regular Meeting of the City Council/Successor Agency to the Westminster Redevelopment Agency Meeting to order at 7:21 p.m. via In-Person Hybrid, at the City Council Chambers, 8200 Westminster Boulevard, Westminster, California
ROLL CALL MAYOR TRI TA
PRESENT VICE MAYOR CARLOS MANZO
COUNCIL MEMBER TAI DO
COUNCIL MEMBER KIMBERLY HO
COUNCIL MEMBER CHI CHARLIE NGUYEN
ABSENT NONE
Lucie Colombo, Interim City Clerk, announced a quorum of the City Council STAFF PRESENT: Interim City Manager Christine Cordon City Attorney Christian Bettenhausen
Interim Assistant City Manager Adolfo Ozaeta
Interim City Clerk Lucie Colombo
Interim Community Development Director Debra Kurita
MINUTES OF REGULAR MEETING MARCH 9, 2022
Finance Director Erin Backs
Acting Community Services Director Vanessa Johnson
Human Resources Director Jodie Griner
Police Chief Darin Lenyi
Public Works Director/ City Engineer Jake Ngo
Assistant City Clerk Abigail Y. Alcala
Administrative Assistant II Tanya Ramirez
SALUTE TO THE FLAG
The Flag Salute was led by Vice Mayor Manzo.
INVOCATION
The Invocation was conducted led by Mayor Ta.
CITY ATTORNEY/ CLOSED SESSION REPORT
City Attorney Bettenhausen stated there is no reportable action for Closed Session Item( s) as listed on the agenda.
EX PARTE COMMUNICATIONS:
There were no Ex Parte Communications.
REPORT FROM CITY CLERK
Interim City Clerk Colombo made the following announcements:
There were E- Comments received for Oral Communications and for Public Hearing Agenda Item 4.1, which were posted and available on the City's website.
Encouraged the community to apply for Commission vacancies.
Interim City Clerk Colombo introduced Emergency Services Coordinator David Segura for a COVID- 19 update.
A. COVID- 19 Updates.
Emergency Services Coordinator Segura provided an update regarding COVID-
19. CITY MANAGER REPORT
Interim City Manager Cordon noted the last Regular Meeting had a few items deferred to the current meeting, therefore will need to be addressed after Oral Communications but
MINUTES OF REGULAR MEETING MARCH 9, 2022
prior to Consent Calendar Items, thus out- of- order. This will also include the Public Hearing for Redistricting (Agenda Item No. 4.1) to begin at 8:00 PM.
ITEM( S) MOVED OUT- OF- ORDER
Motion was made by Vice Mayor Manzo, and secondedby Council MemberDo to approve the moving of Agenda Item Nos. 5. 1 and 7. 1 before the Consent Calendar and to also move Agenda Item Nos. 7. 2 and 5. 2 out- of- order.
The motion carried5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Interim City ManagerCordondiscussedrecent little league activity in the City, reservations available for the City' s splashpad, announced the HR Department is now fully staffed, discussed renovations on City parks.
1. SPECIAL PRESENTATION( S)
There were no Special Presentations at this time.
2. ORAL COMMUNICATION( S)
Teleconference/ Webinar ( Zoom)
Toni Bui, Westminster, spokeof severalconcernshe hadwiththe City including the accusations of fake news in the City.
Dan Napier, Westminster, spoke in supportof placingMeasureSS on the ballot.
AmyWalsh, Westminster, spokein supportof placingMeasureSS on the ballot.
RogerMindrum, Westminster, spoke in supportof placingMeasureSS on the ballot.
Terry Rains, Westminster, stated that the City Council should go back to in- person meetings, asked that the City Council pull Item No. 3. 7 off the consent calendar, spoke in support of Item No. 5.1 but was not happy with the resolution language, spoke in regards to Measure SS, opposed Item No. 7. 1, spoke in regards to recent recall efforts on certain Council Members.
MINUTES OF REGULAR MEETING MARCH 9, 2022
Claudia Simons, Westminster, requested that the City Council work as a team and to stop the in-fighting.
E- Comments
Su Do, Westminster, spoke in regards to the building of a monument in the City.
This City Council briefly paused the Oral Communication to consider the following Agenda Item, taken out- of- order:
OUT- OF- ORDER: 4. 1 - PUBLIC HEARING— REDISTRICTING ( 8: 00 PM)
4. 1 Public Hearing - Continuance of Fourth Public Hearing for Redistricting to Receive Input and Testimony Regarding Proposed Draft District Maps, Select a 5-District Map, and Introduce and Conduct First Reading of Ordinance to Establish Council District Boundaries for 4- District and 5- District Maps.
Dr. Levitts, National Demographic Corporation, presented the staff report regarding this item.
MAYOR TA OPENED THE PUBLIC HEARING.
Zoom E- Comments
MAYOR TA ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK REGARDING THIS ITEM AS IT RELATES TO 4- DISTRICTS.
Lena Tran, Viet Rise, Westminster, spoke is support of public map 507.
Lisa Nguyen, Westminster, spoke in support of public map 507.
Roger Mindrum, Westminster, spoke in support of having five districts and public map 507.
Phung Vu, Westminster, spoke in support of public maps 506 and 407.
Claudia Simons, Westminster, spoke in support of public map 507.
Terry Rains, Westminster, spoke in support of public map 507.
Vincent Tran, Westminster, spoke in support of public map 507.
Jessica Lostaunau, Westminster, spoke in support of public map 507.
MINUTES OF REGULAR MEETING MARCH 9, 2022
Interim City Clerk Colombo read the following e-comments received:
Ming Phong, Westminster, spoke in support of public map 507.
Member of the Public, spoke in support of public map 507.
Nikki Nguyen, Westminster, spoke in support of public map 507.
Robert Harrison, Westminster, spoke in support of public map 507 and public map 402 if the June ballot measure doesn' t pass.
MAYOR TA ASKED IF THERE WERE ANY SPEAKERS WISHING TO SPEAK REGARDING THIS ITEM AS IT RELATES TO 5- DISTRICTS.
Khai Dao, spoke in regards to all Councilmembers voting on the five-district map and not abstaining.
THEIR BEING NO ADDITIONAL SPEAKERS, MAYOR TA CLOSED THE PUBLIC HEARING.
Council Member Nguyen clarified that the five-district map doesn't need to be voted on until after the ballot measure in June.
Deputy City Attorney Barlow noted that is correct.
Councilmembers discussed the logistics and timing of the ballot measure in June and the timing of adopting a five- district map.
CouncilMemberDo madea motionto approveDistrictMap 507, and secondedby Vice Mayor Manzo.
CityAttorneyBettenhausenclarifiedif the motionincludedto introducethe first reading of the ordinance.
Motion was made by Council Member Do, and seconded by Vice Mayor Manzo to select District Map 507 and introduce and conduct first reading, read by title only and waive further reading of an Ordinance entitled: " AN ORDINANCE OF THE MAYOR AND
CITY COUNCIL OF THE CITY OF WESTMINSTER, ESTABLISHING THE REDISTRICTING BOUNDARIES OF EACH ELECTORCAL DISTRICT — FIVE DISTRICTS."
MINUTES OF REGULAR MEETING MARCH 9, 2022
The motion carried 3-0-0-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: NGUYEN, TA
Motion was made by Council Member Nguyen, and seconded by Vice Mayor Manzo to select District Map 402 and election sequence and introduce and conduct first reading, read by title only and waive further reading of an Ordinance entitled, " AN ORDINANCE
OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER,
ESTABLISHING THE REDISTRICTING BOUNDARIES OF EACH ELECTORAL DISTRICT— FOUR DISTRICTS."
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2. ORAL COMMUNICATIONS CONTINUED
E- Comments
Member of the Public discussed tourism in the City.
Jameson Powers, Westminster, spoke against Item No. 7. 1.
Member of the Public discussed the Westminster Mall and inquired on its status.
Member of the Public discussed the placement of a statue on public land.
Member of the Public discussed the Meals on Wheels program and CDBG funding.
Member of the Public discussed the building of a monument in the City and what should be memorialized on it.
Westminster' s Police Officer' s Association expressed concern with the proposed budget for the Police Department.
MINUTES OF REGULAR MEETING MARCH 9, 2022
Zoom Comments
Devorah Mariscal, Westminster, clarified if the vote for five District Map 507 needed more than three votes to pass and expressed disappointment that two Council Members abstained during the vote for the five- district map.
REGULAR BUSINESS
5. 1 Deferred from February 23, 2022 Council Meeting: Resolution in Support of Denouncing and Debunking Fake News
RECOMMENDATION: Staff recommends that the Mayor and City Council consider the request and provide direction regarding adoption of a Resolution entitled: " A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF WESTMINSTER, DENOUNCING FAKE NEWS IN THE CITY OF
WESTMINSTER AND DEBUNKING RECENT FAKE NEWS STORIES."
Council Member Do summarized the staff report and played videos of " fake news" that was translated by the interpreter.
Council Member Ho discussed the importance of freedom of speech and responsibility of what elected officials say in the community.
Vice Mayor Manzo clarified "fake news" stories against him in the community, discussed the proposed language in the resolution, request that item no. 6 in the resolution be amended.
Mayor Ta noted that there are many important projects and topics for the City to discuss and that certain Council Members bring forward non- important items.
Council Member Nguyen expressed concern with the resolution and noted that certain Council Members are wasting City resources.
Council Member Do discussed threats of physical harm from people who spread fake news and freedom of speech.
There was a motion by Council Member Do, and seconded by Council Member Ho to approve the proposed resolution with the amendments in Section 6, as suggested by Vice Mayor Manzo.
Motion was made by Council Member Ho, and seconded by Council Member Do to call for the question and end the debate.
MINUTES OF REGULAR MEETING MARCH 9, 2022
The motion carried 3-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NGUYEN, TA
ABSENT: NONE
ABSTAIN: NONE
Vice Mayor Manzo expressed concern with the current fake news in the community, the names called out in the resolution, and asked if there is any risk to the City with the proposed resolution.
City Attorney Bettenhausen stated that as long as the statements are true in the resolution, the City has a defense but they can always be sued for defamation.
Motion was made by Council Member Do, and seconded by Council Member Ho to approve the proposed resolution with the amendments in Section 6, as suggested by Vice Mayor Manzo.
The motion carried 3-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NGUYEN, TA
ABSENT: NONE
ABSTAIN: NONE
Interim City Manager Cordon requested that Agenda Item Nos. 5.2 and 7.2, be continued to a future City Council meeting due to the late hour.
Council Members discussed the logistics of moving Agenda Item No. 5.2, to a future City Council meeting date.
Motion was made by Vice Mayor Manzo, and seconded by Council Member Do to move Agenda Item Nos. 5.2 and 7.2, to a special meeting next week and to extend the current meeting beyond midnight.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MINUTES OF REGULAR MEETING MARCH 9, 2022
5. 3 Draft Fiscal Year 2022/ 23 Annual Action Plan and Community Development Block Grant ( CDBG) Funding Requests.
RECOMMENDATION: Staff recommends that the Mayor and City Council accept the Draft Fiscal Year 2022/ 23 Annual Action Plan and initiate the 30-day public review period of the documents in compliance with the U.S. Department of Housing and Urban Development Consolidated Plan Regulations.
Motion was made by Council Member Ho, and seconded by Council Member Do to accept the Draft Fiscal Year 2022/ 23 Annual Action Plan and initiate the 30-day public review period of the documents in compliance with the U.S. Department of Housing and Urban Development Consolidated Plan Regulations.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. LEGISLATIVE ITEMS — None.
7. COMMISSION AND COMMITTEE ITEMS
7. 1 Deferred from February 23, 2022 Council Meeting: Designation of Authority from Community Services and Recreation Commission to the City Council for the Selection of a Location of the Proposed Quang Tri Monument.
RECOMMENDATION: Staff recommends that the Mayor and City Council consider the request to designate the authority to the City Council and provide direction regarding the location of the Quang Tri Monument.
Council Member Ho expressed concern with deciding the location of the monument, the current process of how this monument is being developed, noted that the Commission has enough information to make a decision, and stated this item is being held hostage.
Council Member Nguyen expressed concern with the incomplete design of the monument.
Vice Mayor Manzo expressed concern with circumventing the Commission's authority.
Council Member Ho stated that she supports the Community Services and Recreation Commission determining the location of the Quang Tri Monument.
MINUTES OF REGULAR MEETING MARCH 9, 2022
Council Members discussed the scope of the Commission for the monument and the logistics of the project.
Council Members discussed the role the Quang Tri Monument Committee for this project.
City Attorney Bettenhausen clarified that the recommended council action would be to direct the Quang Tri Monument Committee to finalize the design within one month, including the lighting design, logos, inscriptions, and other aspects of the design, for a recommendation to the City Council and to direct the Community Services and Recreation Commission to select a location, based on existing proposed dimensions and material of the monument. The location should take into account the need for power and lighting and the recommendation should be made within one month. The Commission shall not take into account any logos, inscriptions or aspects of the design.
Council Members discussed the timetable to get a design approved and location selected for the monument.
Motion was made by Council Member Ho, and seconded by Council Member Do to approve the recommendation as stated by City Attorney Bettenhausen ( see above).
The motion carried 3-0-0-2, by the following roll call vote:
AYES: MANZO, DO, HO
NOES: NONE
ABSENT: NONE
ABSTAIN: TA, NGUYEN
A. CONSENT CALENDAR
MINUTES
3. 1 Minutes of the City Council/ Successor Agency to the Westminster Redevelopment Agency for Approval.
ACTION: Staff recommends that the Mayor and City Council approve the Minutes of the City Council/Successor Agency as presented for the date listed below:
A. January 17, 2022 - Special Meeting ( Regular Session).
ROUTINE MATTERS
3. 2 Acceptance of Easement Deed for 8031 18th Street.
MINUTES OF REGULAR MEETING MARCH 9, 2022
ACTION: Staff recommendsthat the Mayor and City Councilaccept the subject documentandauthorizetheInterimCityClerkto recordthedeedwiththeCounty Clerk- Recorder' s Office.
3. 3 Acceptance of Final Parcel Map Number 2016-206 for 14110 Locust Street.
ACTION: StaffrecommendsthattheMayorandCityCouncilacceptFinalParcelMap Number2016-206andauthorizetheInterimCityClerkto signandsealthemap.
3. 4 Notice of Completion for Work Performed by COPPContracting, Inc. for the Citywide Overlay 21- 22 Street Improvements— Project No. Citywide Overlay 21-
22. ACTION: Staff recommendsthat the Mayor and City Councilaccept the subject projectand authorizethe City Clerkto file a Noticeof Completionwith the County Clerk- Recorder' s Office.
RESOLUTIONS
3. 5 Resolution Reaffirming Proclamation No. 2020-01 and Resolution No. 4983, Which Declared the Existence of a Local Emergency.
ACTION: Staff recommends that the Mayor and City Council adopt a Resolution entitled, " A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, REAFFIRMING PROCLAMATION NO. 2020- 01 AND RESOLUTION NO. 4983 WHICH DECLARED THE EXISTENCE OF A LOCAL EMERGENCY."
WARRANT REGISTER
3. 6 ( City Council and SuccessorAgency) Warrant Registerdated February17, 2022 through March 2, 2022.
ACTION: Receive and file.
REPORTS
3. 7 FY 2021- 22 Midyear Budget Review.
ACTION: Receive and file.
END OF CONSENT CALENDAR
MINUTES OF REGULAR MEETING MARCH 9, 2022
Motion was made by Council Member Do, and seconded by Council Member Ho to approve the Consent Calendar, as presented.
The motion carried 5-0, by the following roll call vote:
AYES: TA, MANZO, DO, HO, NGUYEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
B. LEGISLATIVE ITEMS — None.
8. COMMENTS FROM CITY COUNCIL/AGENCY MEMBERS ( Including AB 1234 Report when required)
Council Member Ho thanked all her supporters for defeating the recall effort, expressed her support for Measure SS, wished everyone a Happy International Women' s Day.
Council Member Do thanked everyone involved with the redistricting effort, briefly discussed the " fake news" item that was discussed earlier in the meeting, stated he attended a service for Huntington Beach Police Officer Nicholas Vella, thanked City staff for staying late for today' s meeting.
Council Member Nguyen discussed serving meals to seniors and discussed a recent little league event he attended.
Vice Mayor Manzo thanked City staff for their hard work, thanked everyone involved in the redistricting effort and briefly discussed the upcoming little league season.
Mayor Ta thanked City staff for their hard work, discussed recent City events, and the Meals on Wheels Program.
Council Member Do requested a resolution at a future City Council meeting to support Ukraine.
Interim City Manager Cordon stated that item is already on the forecast for a future agenda.
9. COUNCIL ADJOURNEMENT
There being no further business to discuss, Mayor Ta adjourned the meeting on March 10, 2022 at 1: 40 a. m.
The next Regular Meeting will be held Wednesday, March 23, 2022 at 7:00 p.m.
MINUTES OF REGULAR MEETING MARCH 9, 2022
Respectfully submitted:
Lucie Colombo, CMC, CPMC
Interim City Clerk
APPROVED:
Tri Ta
Mayor/ Chair
ATTEST:
a1
Lucie Colombo, CMC, CPMC
Interim City Clerk